Jon,an MBA Student at Small School,invents a Business Process That

Multiple Choice

Jon,an MBA student at small school,invents a business process that makes inventory monitoring and replenishment so efficient that his professor tells him that he's likely to make the "just-in-time" inventory process obsolete.Jon,a junior,tells the professor that he's going to patent the process right after graduation and does nothing.Thirteen months later Josh,a senior student at a prestigious large school,without ever knowing about Jon or his process,comes up with the identical idea,applies for and is issued a patent.Soon afterward,Jon files for his patent,not knowing about Josh,and is denied.If Jon challenges Josh's patent,what will the outcome be?

A) Josh wins, since the first to file gets the patent.
B) Josh wins, because the date the patent was issued matters rather than the date of filing.
C) Josh wins, because the idea was over twelve months old and the public use doctrine applies.
D) Jon wins, because he invented the process first.
E) Jon wins, but only if he filed a provisional application protecting his invention before Josh's filing.